Haryana

StateCommission

A/714/2016

ICICI LOMB.GEN.INSURANCE CO. - Complainant(s)

Versus

DINESH KUMAR - Opp.Party(s)

NITIN KANT SETIA

14 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

          

                                                                    First Appeal No  :   714 of 2016

Date of Institution:  03.08.2016

                                                                   Date of Decision:    14.02.2017

 

 

ICICI Lombard General Insurance Company Limited, having its registered office at ‘The Statement, 4^th Floor, Next to Hometel Hotel, Chandigarh, U.T. through its Manager.

 

                             Appellant-Opposite Party

 

Versus

 

Dinesh Kumar son of Sh. Lalaram, resident of Village Katesra, Tehsil and District Palwal, Haryana.

Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. Balbir Singh, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member

 

 

Argued by:          Ms. Monika Sareen, Advocate for the appellant.

                             Mr. Naveen Atri, Advocate for the respondent-complainant.

 

                                                   O R D E R

 

 

NAWAB SINGH J. (ORAL)

 

          Dinesh Kumar-complainant was owner of vehicle No.HR73-3770.  The vehicle was insured with ICICI Lombard General Insurance Company Limited-opposite party (for short, ‘Insurance Company’).  On June 19^th, 2013 a cow came on the road and to save the cow, the driver turned it.  In that process, the vehicle struck against the electric pole as a result thereof, the vehicle was burnt.   The Insurance Company was informed.  The Insurance Company appointed surveyor, who submitted his report (Annexure I).  He assessed the loss at Rs.1,84,095/-.  The complainant filed claim with the Insurance Company but it was repudiated on two grounds that at the time of accident, driver was not holding valid and effective driving licence and there was no fitness certificate of the vehicle. 

2.      The complainant filed complaint before the District Forum, Faridabad under Section 12 of the Consumer Protection Act, 1986. 

3.      The complaint was allowed.  The Insurance Company was directed to pay Rs.1,84,995/- alongwith interest at the rate of 9% per annum from the date of filing of complaint, that is, August 13^th, 2014 till its realization; Rs.2100/- as compensation on account of mental agony and harassment and Rs.1100/- litigation expenses to the complainant. 

4.      Against the said order, the Insurance Company has filed the instant appeal. 

5.      Learned counsel for the Insurance Company has contended that the driver of the vehicle was not holding valid and effective driving licence at the time of accident and there was no fitness certificate of the vehicle. 

6.      A perusal of the record shows that the licence (Exhibit C-4) was issued to Sita Ram, driver of the vehicle, which was valid from May 10^th, 2012 to May 09^th, 2015.  In view of this, it is held that he was holding valid driving licence on the date of alleged accident.  To prove that the vehicle was not having fitness certificate, the Insurance Company did not lead any evidence.  The Insurance Company by taking contradictory stand at every step is trying to escape its liability to pay the insurable benefits to the complainant. The act and conduct of the Insurance Company stands proved on the record that the claim of the complainant is being denied on one pretext or the other and such a practice of the Insurance Company cannot be allowed to sustain.   It is pertinent to mention here that the District Forum has awarded the amount as assessed by the surveyor. Thus, the order under challenge requires no interference.  The appeal is dismissed.  

7.      The statutory amount of Rs.25000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 14.02.017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK